The Freeland Martz firm successfully contested a document purporting to be a will signed by a person who had long suffered from Alzheimer’s disease. After the client retired from the Navy, she returned to Mississippi and bought a home near her family. Her youngest brother had long counted on her providing for him and for her assets to become his estate plan. As she became more confused, suffering from Alzheimer’s disease, he became aggressive, taking her to his attorney and getting her to sign over her home, getting her to buy his vehicle, threatening her if she failed to cooperate. Ultimately, she began to fear him and her other family members became more involved and sought the protections of a court-supervised guardianship, which their sister knew she needed. Through the guardianship, her sisters oversaw her accounts and got her home back in her name. After a few years, when their sister died, the brother presented what he claimed to be her will, which he had lied about and concealed for years. Other family members challenged it in a will contest. The court found that the will would have been revoked by his sister or his guardians had it not been concealed; moreover, the document he claimed to be the decedent’s will was not presented at trial and authenticated by a witness who saw her sign it. The Court found that the sister died intestate without a will and that all of her siblings would share her estate, even the selfish brother who tried everything he could to get it all.
Author: 27894780
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Death: It’s not easy, but don’t make it harder
Watching a loved one struggle at the end of life is never easy, but it’s something that almost everyone faces and that we cannot control.
It’s emotional. One considers the relationship with the loved one and has to consider the relationship with their current and extended family members. Those relationships can make the passing of life more difficult. We don’t know what the loved one “would have wanted” unless they have expressed that in a document.
I have even heard recently, “I had a healthcare power of attorney, but I can’t find it.” In response I politely mentioned to the healthcare facility, “Honor that document once we see it; until then, next of kin govern the care and disposition of a loved one pursuant to statute.” The facility, relieved not to be embroiled in a conflict, agreed. Once more, the facility could not have provided medical information about the person under their care to a third party without the third party having a healthcare directive.
Overall, our advice is to celebrate the loved one’s life and to remember how they enriched your lives, which will help them live on in your memory. Commit their bodies consistent with their beliefs. Avoid financial issues, which are often a catalyst to conflict. The will cannot be probated and executor appointed immediately anyway.
Freeland Martz Anniversary
Freeland Martz will celebrate its 12th anniversary this October.
Thank you to our valued clients and professional colleagues, your business and referrals contribute greatly to our success. Our firm is honored to have been given the opportunity to serve you, and we look forward to many more years of providing you with the highest quality legal representation possible. Thank you for twelve years! And, as always, please contact us if we can be of service.
“Attentive, Accessible, and Committed to Your Best Interest”
Upcoming Events
Tune in to NPR to listen to Micheal Reed Martz join in on the Legal Terms talk tomorrow, June 18, 2019 at 10 a.m.
Thanks for joining me!